The arguments of the property owners were in part historical.  A small substation in the thirties had been allowed to escalate in the 1940’s to a sizable exchange which was non-conforming in land use and violated all building codes of the Village for that location, including setback form the street and parking facilities.

The property owners felt that they has been given implicit assurances in the 1940’s that no further extension of this non-conforming use would be advanced in the future, particularly since the underground conduits in Sharon Avenue had been completely filled up, and major expansion would involve major street upheaval and traffic turmoil.